Appeal No. 95-4803
Application 08/096,099
Upon consideration of the BRIEF FOR APPELLANTS (Paper
12), the EXAMINER'S ANSWER (Paper 13), the REPLY BRIEF FOR
APPELLANTS (Paper 14) and the record, it is
ORDERED that the decision of the examiner rejecting
claims 11-22 under 35 U.S.C. § 103 over the prior art is
reversed on the basis of In re Ochiai, 71 F.3d 1565, 37 USPQ2d
1127 (Fed. Cir. 1995). The examiner's attention is also
directed to Ex parte Cook, Appeal 93-3342 (Bd. Pat. App. &
Int. Sept. 21, 1998), entered in an appeal involving the same
real party in interest and essentially the same issues.
REVERSED
______________________________
SHERMAN D. WINTERS, )
Administrative Patent Judge )
)
)
______________________________)
WILLIAM F. SMITH, ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS
AND
)
INTERFERENCES
)
______________________________)
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